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Scott Brown has officially been elected as the newest US Senator from Massachusetts. Therefore, Paul G. Kirk is no longer the placeholder for former Democratic Senator Ted Kennedy. According to Massachusetts Law, as referenced in The Huffington Post by J. Bradley Jansen, an appointed senator remains in office, "until election and qualification of the person duly elected to fill the vacancy."
Jansen further qualifies this rule as he alludes to Article 1, Section 5 of the US Constitution which states that the Senate is, "the judge of the elections, returns and qualifications of its own members."
According to a Congressional Research Service report, the Senate rule regarding Paul G. Kirk's senatorial resignation reads that, "prevailing practice is for state governors to fill Senate vacancies by appointment, with the appointees serving until a special election has been held, at which time the appointment expires immediately." This report serves as yet another source which validates the Senatorial rules that Jansen wants the American people to be aware of.
In order to respect the legacy of former Senator Ted Kennedy, Jansen concludes that it is necessary that Senator Paul G. Kirk rightfully resign. Although this immediate resignation rule might sound like a technical and perhaps forgotten rule, Jansen nevertheless reminds us that Massachusetts Law and Constitutional rules must be applied.